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March 25, 2021

ABA Litigation Section publishes guide to improve COVID-19-related litigation practice

CHICAGO, March 25, 2021 – The American Bar Association has published a new landmark treatise from the Litigation Section, Infectious Disease Litigation: Science, Law & Procedure.” This innovative practice guide is written by scientific experts and litigators and captures the emerging lessons of the COVID-19 pandemic that are changing litigation in this area.

Early chapters provide essential information covering microbiology and epidemiology. The book builds on this to provide guidance concerning different legal theories under which infectious diseases may be brought, and jurisdictional considerations. Additional chapters relate infectious diseases to product liability, premises liability, food-borne illnesses, employment disputes, constitutional issues raised by quarantine and governmental restrictions, contract disputes, and insurance coverage issues. These chapters provide an overview of each area, laying out the elements of claims and defenses.

“Infectious Disease Litigation” is a practical guide, covering discovery planning, HIPAA compliance, jurisdictional and venue considerations, multidistrict litigation and class actions, punitive damage considerations, and jury trials. The authors of each chapter provide insights that arrive only from extensive experience.


“Infectious Disease Litigation: Science, Law, and Procedure contains an enormous amount of useful and practical information about the legal aspects of the outbreaks of infectious diseases. As an epidemiologist and infectious diseases clinician with decades of experience in studying and managing outbreaks of infectious diseases caused by viruses, bacteria, fungi, contaminated food, and other substances, I can attest that the chapters on the epidemiology and microbiology of outbreaks are lucidly and accurately written by individuals with documented expertise in these subjects and the law.”

—    Daniel J. Sexton MD, FIDSA, FSHEA; professor emeritus, Division of Infectious Diseases, Duke University Medical Center

“This timely book promises to be the go-to resource for lawyers and law students interested in this emerging area of practice.”

—    Wendy C. Perdue, professor and dean, University of Richmond School of Law; Past President, Association of American Law Schools

“Comprehensive, thoughtful, and pragmatic with fundamental applicability beyond infectious disease-related litigation. This timely guide helps practitioners assess and manage risks nobody thought about a few years ago.”

—    Bradley M. Gayton, senior vice president and general counsel, The Coca-Cola Company

Title:                Infectious Disease Litigation: Science, Law & Procedure
Publisher:        American Bar Association
Pages:             408
Product Code: 5310478
ISBN:               Print:  9781641058018; eBook:  9781641058025
Size:                6x9
Binding:          Paperback
Price:               $79.95
Orders:            (800) 285-2221 or ShopABA.orgs

Editor’s note: Author interviews and review copies are available by sending an email to Brandon Wilhelm at [email protected]. If you publish a review of this book, please send tear sheets or a copy for our files to Michelle Oberts, Litigation Section, 321 N. Clark St., Chicago, IL 60654, or to [email protected].

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